Election Laws Position Update - lwv-va.org

Election Laws Position Update: Recommended Position Based on Study Report

2021 Convention Caucus

May 21, 2021

BACKGROUND

The 2016 general election raised alarm about hacking and foreign interference in U.S. elections

During local Leagues’ program planning in 2019, several local Leagues identified potential points for revision or update in the League of Women Voters’ elections position.

The position is found in the Election Laws Position section of Positioned for Action.

2

BACKGROUND, continued May 2019 LWV-VA Convention resolution to study

and update certain aspects of the Election Laws Position-- A. Include election processes, laws, and regulations (e.g. post-

election audits) that ensure free and fair election results, transparency, security, and accountability

B. Prepare amendment to State position to strengthen support for security, including physical security of voting equipment and ballots

C. Review the language supporting electronic voting

D. Add a statement opposing requirement for photo ID at polls

E. Consider and explore the effectiveness and impact of ranked choice voting

F. Address voter suppression

3

BACKGROUND, continued

Upon passage of the resolution, a steering committee formed, consisting of Sidney Johnson, LWV-FA; Jane Newell, LWV-RMA; Allison Brown, LWV-FC (Part 1); and Lisa Koteen Gerchick, LWV-ARL

Other Study Committee members are Rona Ackerman (editor), Barbara Amster, Pamela Berg, Dianne Blais, Janet Boyd, Judy Collins, Evelyn Glazier, Courtney Hess, Rebecca Lawson, Susan Mulnix, Linda Rice, Anna Weber, and Grace White

Presenters at the Caucus:

Introduction and Part 1- Lisa Koteen Gerchick

Part 2 and Conclusion – Jane Newell

Presenter at plenary on Saturday morning: Sidney Johnson

4


Q: Why did the study committee focus on the six topics?

A: Local Leagues identified these topics as needing study.

Many topics could have been addressed

It is unusual for a study to cover such a multiplicity and range of topics

Election laws change every legislative session and technology evolves, making general principles essential

5


Q: Why are there two parts to the Election Laws Position Report?

A: Knowing that election security would be a major issue during the

2020 general election, and that waiting two years to recommend a position would have missed a critical election, the Steering Committee decided to expedite drafting the election security section for completion before Council in 2020 and before the election.

No excuse absentee voting and opposition to photo IDs were added to Part 1 because at the time the General Assembly was considering bills on

those subjects. The bills passed and were enacted during the study.

Part 2 covers Ranked Choice Voting and Voter Suppression, both topics that could have been stand-alone studies.

6

ELECTION LAWS POSITION UPDATE REPORT TIMELINE

Date Study Actions

May 19, 2019 2019 Convention approval of study

August 4, 2019 Scope of study submitted to state Board

March 17, 2020 Part 1 Report sent to local Leagues

May 7, 2020 Updated Part 1 Report sent to local Leagues

June 6, 2020 LWV Virginia Council presentation on Election Position Study

October 31, 2020 Local League deadline for Part 1 feedback

November 15, 2020 Part 2 Report sent to local Leagues

January 12, 2021

Revised Part 1 report submitted to Board

Initial Position Narrative draft submitted to Board

February 1, 2021 Local League deadline for feedback of Part 2

February 21, 2021 Revised Part 2 report submitted to Board

Final Position Narrative submitted to Board

May 21, 2021 Caucus with 2021 Convention participants

May 23, 2021 2021 Convention vote on approval of Position Narrative

7

LOCAL LEAGUE REVIEW AND CONSENSUS BUILDING PROCESS

Draft Election Laws Position Update Part 1 of Report sent to local Leagues on May 7, 2020

Discussion questions and a Feedback Collection Form were included, along with a summary of the report

Draft Report and recommendations presented at Council on June 6, 2020

Local Leagues reviewed Part 1 June – October 2020

Some local Leagues held special meetings

Study Committee members spoke and answered questions

Local Leagues gave feedback with extensive comments

8

LOCAL LEAGUE REVIEW AND CONSENSUS BUILDING PROCESS, continued

Part 2 was distributed to the local Leagues on November 15, 2020

The review process was comparable, except for a shorter review period, until February 1

The Study Committee completed revisions to Part 1, incorporating the feedback, and submitted it January 12, 2021

Position narrative draft text was included in the submission

Revised Part 2 and accompanying position narrative submitted on February 21, 2021

The LWV-VA Board posted both parts of the report and the position narrative on the League’s website in March, for consideration by all League members

9

PROPOSED POSITION TEXT FROM FINAL REPORT RECOMMENDATIONS The Position in Brief should include a concise

statement to the point that our democracy depends on election integrity (p.1)

“The League further believes that democratic government, at the state, as well as federal, levels depends upon the voters’ faith in the integrity of election processes and election outcomes. Therefore, the League of Women Voters of Virginia supports election laws, policies, and funding to ensure that elections are secure and the outcomes verified.”

This statement was recommended in Part A1, p.3 of the Report

10

POSITION IN BRIEF: REVISED POSITION NARRATIVE

Addition to sentence that contains a reference to absentee voting (p.1):

“encourage and facilitate increased voter participation in elections, including: absentee voting by mail and in-person without having to provide a reason;”

The italicized language clarifies and emphasizes the existing LWV-VA position

11


Additional revision language:

“and the facilitation of convenient yet secure voting for Virginia’s military and overseas voters.” (p.1)

Part C, p.22 recommends that the League not support insecure methods of voting

12


Addition of new elements to the position and Position in Brief (p.1):

The League further supports measures to secure Virginia’s voter registration database, processes, and equipment against cyber-and physical threats. The League supports the introduction of ranked choice voting as an alternative to plurality voting. The League believes in increased voter access, removal of barriers to voting, such as a photo identification requirement at voting locations, and the prevention of voter suppression.

Parts A1, A2, B1, B2, C, D, E, and F support this statement

13

THE LEAGUE’S HISTORY

A new paragraph added at the end (p.2) to bring the League’s History up to date:

“At Convention 2019, the LWV-VA passed a resolution to review and update certain aspects of the Election Laws Position, addressing election processes, laws, and regulations that ensure free and fair election results, transparency, security and accountability. The resolution specifically identified post-election audits, security (i.e., cyber-security of election systems and equipment, and physical security of voting equipment and ballots), electronic voting, opposition to the photo identification requirement, ranked choice voting, and voter suppression as subjects for study. The study, which also updates the League’s position with respect to early voting, was adopted at the Convention in 2021.”

14

PROPOSED UPDATES TO THE LEAGUE’S POSITION

Introductory text is added (p.3): “…and to prevent voter suppression efforts that disenfranchise

individual voters and groups of voters. The League further believes that election laws, regulation, policies and procedures should ensure that elections are protected against and that the outcomes are both verifiable and verified, to ensure that Virginia’s citizens can have faith in the security, integrity, and outcomes of elections in the Commonwealth.”

All recommendations in the Report, Parts 1 and 2, support this proposed text

15

PROPOSED UPDATES TO THE LEAGUE’S POSITION

The Report proposes to revise and add to the section headings of the Position:

Voter Registration

Election Management: Role of the Commonwealth

Election Management: Role of the Localities

Election Cybersecurity

Electoral Systems

Voter Access

All italics are proposed revisions or additions that will update the Election Laws Position

16

VOTER REGISTRATION: PROPOSED UPDATES

Two revisions and one new bullet point are recommended (p.3)

The addition of state, as well as federal, laws that now expand the availability of voter registration

A new bullet point: elections databases must be updated to reach the highest standards for security, usability, reliability, and functionality

Clarifying that additional measures exist now and should be maintained, not merely adopted, to increase the availability of voter registration.

Support for the point concerning elections databases is found in the Report, Part B2, p.12

17

ELECTION MANAGEMENT: ROLE OF THE COMMONWEALTH - PROPOSED UPDATES

In addition to specific updates regarding training, financial and technical resources, and standards that the proposal urges the state to provide for localities’ elections management, the proposal includes 5 new points (pp.3-4)

Use best practices in voter list maintenance to ensure that the list is up-to-date and that legitimately registered voters are not removed from the list

Develop procedures for post-election risk-limiting audits of hand-marked paper ballots cast during each election, conducted prior to certification of the election

Conduct risk-limiting audits when the election involves more than one jurisdiction

Support the purchase and use of election infrastructure on a state-wide and local level that is able to accommodate alternative electoral systems including Ranked Choice Voting

Counter disinformation that can be used as a voter suppression tactic

Recommendations in Parts A4, E, and F underpin these proposals

18

ELECTION MANAGEMENT: ROLE OF THE LOCALITIES – PROPOSED UPDATE

In general, proposed updates address (pp. 3-4)

Early voting, without any excuse required throughout the entire early voting period and with consistent application throughout the election and across the Commonwealth

Facilitation of secure, anonymous voting by voters who are military, overseas, or with disabilities, without transmitting voted ballots over the internet, which is insecure

Maintaining optimal standards in securing all election-related equipment, with respect to both cyber- and physical security

Steps to avoid suppressing the vote, e.g., education to inform voters and counter disinformation, long wait times, and sufficient training of election officials

Statutorily required risk-limiting audits of randomly selected cast ballots before elections are certified, with the possibility of affecting the outcome, using voter-verified ballots that are hand-marked or, for voters with disabilities, generated by a ballot-marking device (at least once every 5 years)

Recommendations are in Parts A3, A4, B1, B2, B3, C, and F

19

ELECTION CYBERSECURITY Certification of Election Systems (pp. 5-6)

Updating certification standards regularly to keep pace with the state of knowledge of the cybersecurity landscape;

Ensuring localities have sufficient resources, both expertise and financial to manage updates to voting systems as certification standards evolve;

Requiring standards for security practices of voting machine vendors, their personnel and consultants/contractors;

Mandating state certification for all components of election management systems;

The promulgation of standards for logic and accuracy testing of election equipment; and

Recommending that the Commonwealth consult and share best practices with other states and organizations

Recommendations drawn from Part A2, p.4 of the Report

20

ELECTION CYBERSECURITY

Cybersecurity of Registration and Election Software Applications and Databases (p. 6)

The Commonwealth’s provision of sufficient resources for

Adequately staffing central information technology functions and maintaining infrastructure and applications to the highest level of cyberprotection and

Supporting localities in security systems that access central registration and election applications;

The Commonwealth’s participation in national and multistate associations that develop protection strategies; and

The acquisition and maintenance of a voter registration and election management system that meets high standards for security, usability, reliability, and functionality

These recommendations are drawn from Part B1 of the Report

21

ELECTION CYBERSECURITY

Cybersecurity of Election Equipment (p. 6)

Support use of ballot marking devices that produce ballots identical to hand-marked ballots to avoid vulnerabilities associated with barcodes;

Support use of statewide standards for logic and accuracy testing of election equipment;

Require statewide standards for security practices of voting machine vendors, their personnel and consultants/contractors’

Support replacement of devices well before “end-of-life” (when technology is no longer supported)

Recommend the Commonwealth and localities have sufficient resources to follow best practices for cybersecurity; and

Require the use of paper backups of voter lists (or other contingency plans) in case of electronic pollbook malfunction.

Recommendations from Part B2, p. 16 of the Report

22

ELECTORAL SYSTEMS (p. 6)

LWV-VA recognizes the deficiencies of the current plurality

system and supports the introduction of alternative electoral systems such as Ranked Choice Voting:

Support the option for localities to utilize Ranked Choice Voting for local elections, both single- and multi-winner. Localities using RCV should consider the need for voter education

Support the expanded use of RCV in state-run primaries

Support implementation of RCV to allow ranking all candidates in a race

Support use of RCV beyond local elections, once RCV voting in VA meets criteria of LWVUS Impact on Issues 2020-2022

Recommended position from Part E, p.10 in Part 2 of the Report

23

VOTER ACCESS

Voter access elements appear throughout the Position narrative, with a dedicated element at the end of the narrative, on p. 7:

LWV-VA supports the fundamental right to vote and supports measures that seek to enhance voter access and voter participation. Equally, LWV-VA opposes measures that seek to infringe on this fundamental right or create barriers to voters casting ballots. Voter suppression efforts can include but are not limited to: manipulation of the registration process; policies that make voting difficult, time consuming or dangerous; felon disenfranchisement; and disinformation that confuses voters or discourages them from casting their vote. These examples have changed over time and will continue to evolve.

Oppose the requirement that a voter present a photo ID

Support election laws and regulations ensuring no infringement on the right to vote nor undue burden on rights, per Voting Rights Act of 1965

Recommendation based on Part F, p. 22 in Part 2 of the Report

24

CONCLUSION

This proposed update to the League’s Election Laws Position covers specifically the topics approved for study at Convention 2019.

Before you delegates vote at the plenary session on Sunday, please read the Proposed Election Laws Position posted on the League’s Convention webpage under “Proposed Positions for Adoption”

Now it’s time for your questions

25

RECOMMENDATIONS FROM THE ELECTION LAWS POSITION UPDATE

The following slides provide references from the study Report for the proposed amendments to Positioned for Action

FINAL REPORT RECOMMENDATIONS

Part A. Election processes, laws, and regulations

A1. Concise statement that our democratic system depends on voters’ faith in the integrity of election processes and outcomes (p.3. This and following pages are in the report.)

The recommendation is to modify the Election Laws Position in Brief to add:

The League further believes that democratic government, at the state, as well as federal, levels depends upon the voters’ faith in the integrity of election processes and election outcomes. Therefore, the League of Women Voters of Virginia supports election laws, policies, and funding to ensure that elections are secure and the outcomes verified.

REPORT AND RECOMMENDATIONS

A2. Certification standards or recertification to meet or exceed national standards. (p.4)

Recommendation is to modify the position to support standards and a robust certification process for election systems, including:

Updating certification standards regularly

Ensuring localities have sufficient resources to manage updates

Requiring voting machine vendors meet security standards

Requiring standards for secure voting drop-off locations

Mandating state certification for components of EMS

Recommending Virginia consult with other states in sharing best practices

REPORT AND RECOMMENDATIONS, continued

A3. Management of in person absentee voting (pp. 7-8)

Position consistent with law enacted while the report was in preparation. Recommendation:

No excuse required for entire early voting period

Supporting use of satellite vote centers

Recommending cooperation between the state and localities to ensure sufficient funding, staff, space, security, and access


A.4 Post-election Audits (p.9)

Recommendation that position be modified as:

Supporting statutory requirement for risk-limiting audits of randomly selected cast ballots after each election

Each locality subject to an audit at least every 5 years

Conducted transparently before election certified

Potential to affect outcomes

Supporting that ELECT conduct audits across localities in multi-jurisdictional contests


Part B. Strengthen support for security, including physical security of voting equipment and ballots

B1. Security of registration and election software applications and databases throughout Virginia (p.12)

Recommendation to modify the position to support:

State resources for:

adequately staffing central technology functions and infrastructure to the highest levels of cybersecurity

Localities in securing systems that access central systems

State participation in national and multistate cybersecurity activity

VERIS replacement that meets the highest standards

REPORT AND RECOMMENDATIONS, continued B2. Cybersecurity of election equipment (p.16)

Recommendation to modify the position to address the cybersecurity of election equipment, including

Supporting the use of ballot marking devices that produce ballots identical to hand-marked ballots

Supporting the use of statewide standards for logic and accuracy testing of equipment

Requiring statewide security standards for vendors, staff, and consultants/contractors

Supporting replacing devices well before “end-of-life”

Recommending sufficient resources to follow cybersecurity best practices at state and local levels

Requiring EPB contingency plans (e.g., paper backups of voter lists)


B3. Physical Security (p.20)

Recommendation to modify position to address physical security, including

Requiring use of recountable, voter-verifiable paper ballots, marked either by hand or by BMD that produces a paper ballot

Maintaining optimal standards to protect all voting and election equipment (hardware)

Requiring appropriate and systematic training of personnel and election officers


Part C. Review support for electronic voting (p.22)

Recommendation to replace the current position to include

Opposing the return of voted ballots utilizing any aspect of the internet unless and until such voting can be accomplished while maintaining ballot security and integrity, the security of elections systems, voter anonymity, and ballot secrecy


Part D. Add a statement opposing the requirement for photo ID at the polls (p.24)

Regardless of the current Virginia law that does not require photo ID, the report recommends, consistent with LWVUS position, opposing the requirement that a voter present a photo ID at any voting location in order to be able to vote


Part E. Ranked choice voting effectiveness and impact

Ranked choice voting is gaining adherents in Virginia and nationwide. The report recommends (p. 10)

Supporting the option for localities to utilize Ranked Choice Voting for local elections, both single- and multi-winner. Localities opting to use RCV should consider the need for voter education

Supporting the expanded use of Ranked Choice Voting in state-run primaries

Supporting implementation of Ranked Choice Voting that allows for all candidates in a race to be ranked.

Supporting the purchase and use of election infrastructure on a state-wide and local level that are able to accommodate alternative electoral systems including Ranked Choice Voting.

Supporting use of Ranked Choice Voting beyond local elections after RCV in local Virginia elections has been shown to meet the criteria listed in the LWVUS Impact on Issues 2020-2022.


Part F. Voter Suppression This section of the report is structured such that the

analysis by topic comes first, followed by the recommendations. The topics are:

F1. Restoring felons’ right to vote

F2. Barriers to voter registration

F3. Aggressive purges of voter rolls

F4. Voting inequities in long lines and faulty equipment

F5. Purposeful dissemination of false information: Disinformation


Recommendations in Part F. Voter Suppression

Carefully consider the need for and the appropriate timing of future studies

Add a paragraph/statement on voter suppression: (p. 22)

LWV-VA supports the fundamental right to vote and supports measures that seek to enhance voter access and voter participation. Equally, LWV-VA opposes measures that seek to infringe on this fundamental right or create barriers to voters casting ballots. Voter suppression efforts can include but are not limited to: manipulation of the registration process; policies that make voting difficult, time consuming or dangerous; felon disenfranchisement; and disinformation that confuses voters or discourages them from casting their vote. These examples have changed over time and will continue to evolve. Thus, Leagues across the Commonwealth should monitor activities and adapt accordingly.


Additional recommendation in Part F.

Add language about voter suppression throughout Positioned for Action.

Under Election Laws section, add text related to combating disinformation, and care in maintaining voter rolls to avoid disenfranchisement of eligible voters, and replace “voting delays” in the text concerning precinct sizes, with “wait times, which can result in voter disenfranchisement”

Election Laws Position Update - lwv-va.org

Documents

Transcript of Election Laws Position Update - lwv-va.org